Luxmikant Polity Crux Static Books Crux Notes

LUXMIKANT POLITY CRUX NOTES-CHAPTER-12

Introduction – Constitution of India provides for a parliamentary form of government, both at State (Art. 163 & 164) and Centre (Article 74 & 75).
Parl. Govt – Executive is responsible → to the legislature for its policies and acts
Presidential system Not responsible to the legislature for its policies and act
Cabinet Govt Parliamentary government is also known as cabinet government or Responsible Govt.

Responsible Govt →As Cabinet is accountable to Parliament and stays in office so long as it enjoys confidence.

Cabinet Government → Because Cabinet → nucleus of power in a parliamentary system.

FEATURES OF PARLIAMENTARY GOVERNMENT 1. Nominal & Real Executive

·         President is (Nominal&de jure executive)

·         PM is Real Executive

·         PM head of Govt.

·         President head of state

 

2. Majority Party Rule

·         The political party which secures majority seats in the LS forms the government.

·         The leader of that party is appointed as the PM by the President;

·         Other ministers are appointed by the President on the advice of PM.

·         Coalition of party may be invited by President to form Govt when no majority

 

3. Collective Responsibility (CR)

·         Ministers are CR to the Parliament in general &LS in Particular (Art 75).

·         Principle implies – LS can remove the ministry (i.e., council of ministers headed by the prime minister) from office by passing a vote of no confidence.

 

1.       Political Homogeneity

 

·         Member of some Political party in coalition, they share the same political ideology.

5. Double Membership

·         Ministers are members of both the legislature and the executive.

·         Person cannot be a minister without being a member of the Parliament.

·         A minister who is not a member of the Parliament for a period of six consecutive months ceases to be a minister.

6. Leadership of the Prime Minister

·         Leader of COM

·         Leader of Parl.

·         Leader of party in power.

 

7. Dissolution of the Lower House –

·         President dissolve the Parl. on recommendation of PM – before the expiry of its term and hold fresh elections

8.Secrecy

·         Ministers operate on – Secrecy of procedure

·         Cannot divulge information about their proceedings, policies and decisions.

Features of Parliamentary System 1.       Dual executive.

2.       Majoritypartyrule

3.       Collectiveresponsibility

4.       Politicalhomogeneity

5.       Doublemembership

6.       Leadershipofprime Minister

7.       Dissolution ofLowerHouse.

Merits of Parliamentary System 1.       Harmony between legislature andexecutive

2.       Responsiblegovernment

3.       Preventsdespotism

4.       Ready alternative government

5.       Widerepresentation.

Demerits of Parliamentary System 1.       Unstable government

2.       No continuity of policies

3.       Dictatorship of the Cabinet

4.       Against separation of powers

5.       Government by Amateurs.

Features of Presidential System 1.       Single executive.

2.       President and legislatorselected separately for a fixedterm.

3.       Non-responsibility

4.       Political homogeneity may notexist.

5.       Single membership

6.       Domination ofpresident.

7.       No dissolution of LowerHouse

8.       Separation of powers.

Merits of Presidential System 1.       Stablegovernment.

2.       Definiteness inpolicies

3.       Based on separation ofpowers.

4.       Government byexperts

Demerits of Presidential System 1.       Conflict between legislature and executive.

2.       Non-responsiblegovernment

3.       May lead toautocracy.

4.       Narrowrepresentation.

Reasons for Adopting Parliament system 1.       Familiarity with the System

2.       Preference to More Responsibility

3.       Need to Avoid Legislative—Executive Conflicts

4.       Nature of Indian Society

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